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Item 6C Department of Planning & Development Services S T A F F R E P O R T November 9, 2011 CASE NO: ZA11-052 PROJECT: Zoning Change and Concept Plan for Palazzo Residence EXECUTIVE SUMMARY: James and Carol Palazzo are requesting approval of a zoning change and concept plan from “AG” Agricultural District to “SF-2” Single Family Residential District on property described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and currently addressed as 1931 N. Carroll Ave, Southlake, Texas. SPIN # 4 REQUEST: The applicant is requesting approval of a zoning change and concept plan from “AG” Agricultural District to “SF-2” Single Family Residential District in order to combine two existing tracts totaling approximately 4.96 acres to construct a new residence. The applicant went before the Zoning Board of Adjustment (ZBA) on October 27, 2011 to request a variance to allow the proposed barn to be located forward of the principal residence as shown on the concept plan. At that meeting, the ZBA tabled the case to the November 10, 2011 meeting to give the applicants a chance to meet with the neighbors to address their concerns. The results of the November 10, 2011 ZBA meeting will be presented at the November 15, 2011 City Council meeting. The existing residence shown on the plan must be removed prior to issuance of a certificate of occupancy for the new residence. A tree mitigation agreement has been drafted and is under review by the City Attorney. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Revised Concept Plan Review Summary No. 1 dated October 13, 2011 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-611 STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Case No. ZA11-052 BACKGROUND INFORMATION OWNER/ APPLICANT: James and Carol Palazzo PROPERTY SITUATION: 1931 N. Carroll Ave. LEGAL DESCRIPTION: Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: “ AG” Agricultural District REQUESTED ZONING: “SF-2” Single Family Residential District CITIZEN INPUT: The applicant opted to not hold a SPIN meeting since the earliest available date was November 7, 2011, which would have pushed the date that the case would have gone to second reading at City Council to January 3, 2012. The applicant agreed to work with the SPIN representative to contact adjacent property owners who had concerns about the proposed plans. SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential and 100- Year Flood Plain. The requested zoning is in conformance with this land use designation. PATHWAYS PLAN: An eight (8) foot multi-use trail (natural) is shown on the Pathways Plan along the western and northern property boundaries. A residential lot that is platted as a single lot of record is exempt from this requirement unless: i. .........Sidewalks are existing on both sides of the lot; or ii. ........The lot is located within 1,500 feet of a public or private school.and is on the same side of the street. This property is proposed as a single lot. There is no existing trail to the north or south of the property nor is there a school within 1,500 feet on the same side of the street. TREE PRESERVATION: No trees are shown to be removed on the proposed concept/tree preservation plan.All existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. PLANNING AND ZONING COMMISSION ACTION: October 20, 2011; Approved (6-0) subject to RevisedConcept Plan Review Summary No. 1 dated October 13, 2011. st CITY COUNCIL ACTION: November 1, 2011; Approved at 1 reading (7-0) subject to RevisedConcept Plan Review Summary No. 1 dated October 13, 2011 and subject to a tree mitigation agreement to be negotiated with City Staff. STAFF COMMENTS: RevisedConcept Plan Review Summary No. 1 dated October 13, 2011 is attached. Case No. Attachment A ZA11-052 Page 1 Case No. Attachment B ZA11-052 Page 1 PLANS AND SUPPORT INFORMATION CONCEPT PLAN Case No. Attachment C ZA11-052 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY ZA11-052One10/13/11 Case No.: Review No.: Date of Review: Site Plan – Palazzo Residence Project Name: APPLICANT: James and Carol Palazzo OWNER: James and Carol Palazzo 416 Stockton Drive 416 Stockton Drive Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 490-6278 Phone: (817) 490-6278 E-mail: c.palazzo@verizon.net E-mail: c.palazzo@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/13/11 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. The accessory building labeled “New Proposed Barn” will require approval of a Variance from the Zoning Board of Adjustment to be allowed in the front yard as shown on the concept plan. The applicant went before the Zoning Board of Adjustment on October 27, 2011. At that meeting, the Board tabled the case to the November 10, 2011 meeting to give the applicant a chance to meet with the neighbors to address their concerns. 2. Show the approximate location of the 100 and 500 year flood plain crossing the eastern boundary of the property. The 100 year storm water surface elevation boundary will need to be designated as drainage easement on any subsequent plat. Additionally, a minimum finish floor elevation 2 feet above the 100 year storm water surface elevation will be required established and shown on the plat. Any construction proposed in the flood plan may require a flood plain permit. 3. Trees preservation must be provided in accordance with the following table: Ordinance 585-D, Section 7.2, Table 2.0 Percentage of Minimum percentage of the existing tree Table 2.0 – Existing Tree Cover Preservation Requirements cover to be preserved* existing tree cover on the entire site 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% Public Works Review GENERAL COMMENTS: 1. Provide preliminary water, sewer, drainage and grading plans for this development. 2. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. 3. Show the dimensions for the proposed driveway. * Use the City of Southlake GPS monuments whenever possible. Case No. Attachment D ZA11-052 Page 1 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER COMMENTS: 1. The minimum size for water lines is 8”. * The water meters must be located in an easement or right-of-way. SANITARY SEWER COMMENTS: 1. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public sanitary system line that is built to City standards. 2. The existing sanitary sewer located in the ROW may need to be extended to the east property line. * All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. Submit a preliminary drainage plan. 2. Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained from the City of Southlake. 3. Show the limits of the floodplain if applicable. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 2 copies of the civil construction plans (22” x 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Informational Comments: * All existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may Case No. Attachment D ZA11-052 Page 2 include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA11-052 Page 3 SURROUNDING PROPERTY OWNERS SPO # Owner Zoning Land Use Acreage Response Current Owner SF1-A Low Density Residential 1.10 1. NR Low Density Residential, 2. NR Luce, Stephen Etux George A SF1-A 100-Year Flood Plain 1.04 Phelps, Thomas Etux Carolyn Low Density Residential, 3. O S SF1-A 100-Year Flood Plain 1.02 Low Density Residential, 4. NR Poole, Robert Etux Rebecca SF1-A 100-Year Flood Plain 1.04 100-Year Flood Plain, Low 5. NR Dang, Tom & Arlene Dang SF1-A Density Residential 1.02 100-Year Flood Plain, Low 6. U Patterson, James Etux Tracey SF1-A Density Residential 1.03 Sloane, Loren K Etux Marina SF1-A Low Density Residential 1.02 7. U Means, Glenn Etux Laura SF1-A Low Density Residential 0.96 8. O Kane, Nancy R SF1-A Low Density Residential 1.00 9. NR Patel, Indravadan Etux Binita SF1-A Low Density Residential 1.04 10. NR Case No. Attachment E ZA11-052 Page 1 James, George Etux Tesmol SF1-A Low Density Residential 1.00 11. F Low Density Residential, 12. NR Levrier,Fulgencio Jr Etux Rose SF1-A 100-Year Flood Plain 2.85 Low Density Residential, 13. NR Levrier,Fulgencio Jr Etux Rose SF1-A 100-Year Flood Plain 2.21 Hoover, E C Etux Fran W SF1-A Low Density Residential 2.01 14. NR Stiborek, B J AG Low Density Residential 0.97 15. NR 100-Year Flood Plain, Low 16. NR Hillman, Luther L AG Density Residential 1.23 100-Year Flood Plain, Low 17. NR White, J P AG Density Residential 2.65 100-Year Flood Plain, Low 18. NR White, J P AG Density Residential 2.38 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: Five (5) – Attached Case No. Attachment E ZA11-052 Page 2 Case No. Attachment E ZA11-052 Page 3 Case No. Attachment E ZA11-052 Page 4 Case No. Attachment E ZA11-052 Page 5 Case No. Attachment E ZA11-052 Page 6 Case No. Attachment E ZA11-052 Page 7 Case No. Attachment E ZA11-052 Page 8 Case No. Attachment E ZA11-052 Page 9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-611 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 4D AND 4D1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.96 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-2” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural Case No. Attachment F ZA11-052 Page 1 District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment F ZA11-052 Page 2 those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 4.96 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-2” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following Case No. Attachment F ZA11-052 Page 3 conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment F ZA11-052 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment F ZA11-052 Page 5 public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. st PASSED AND APPROVED on the 1 reading the 1st day of November, 2011. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____ day of _______, 2011. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Case No. Attachment F ZA11-052 Page 6 DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA11-052 Page 7 EXHIBIT “A” Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and more fully and completely described below: Case No. Attachment F ZA11-052 Page 8 EXHIBIT “B” Reserved for approved Development Plan Case No. Attachment F ZA11-052 Page 9